Rajesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40449 of 2014 Arising Out of PS.Case No. -118 Year- 2013 Thana -GARDANIBAGH District- PATNA ======================================================
1. Rajesh Ram S/o Kamal Ram Resident of Mohalla-Ambedkar Colony, P.S.-Gardanibagh, District-Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47400 of 2014 Arising Out of PS.Case No. -118 Year- 2013 Thana -GARDANIBAGH District- PATNA ======================================================
1. Pradeep Ram
2. Vikas Kumar Both Son of Vishwanath Ram Both resident of village - Ambedkar Colony Yarpur, Police Station - Gardanibagh, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.50654 of 2014 Arising Out of PS.Case No. -118 Year- 2013 Thana -GARDANIBAGH District- PATNA ======================================================
1. Pankaj Kumar @ Pankaj @ Guddu Ram, Son of Late Baiju Ram, resident of Ambedkar Colony, Yarpur, Police Station- Gardanibagh, Town AND District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.40449 of 2014) For the Petitioner/s : Mr. Ranjan Kumar Sharma For the Opposite Party/s : Mr. Narsing Tanti(App) (In Cr.Misc. No.47400 of 2014) For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) (In Cr.Misc. No.50654 of 2014) For the Petitioner/s : Mr. Sanjeev Kumar
Patna High Court Cr.Misc. No.40449 of 2014 (2) dt.25-03-2015 2/3 For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2015 Since all the three cases have arisen out of one occurrence, they are being disposed of by this common order. Heard both sides.
The petitioners apprehend their arrest in Gardanibagh P.S. Case No. 118 of 2013, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The informant Mallu Ram named six persons and alleged that they along with Pankaj Kumar @ Pankaj @ Guddu Ram came. Pankaj Kumar @ Pankaj @ Guddu Ram is alleged to have fired on the father of the informant who fell down on the ground. He further alleged that Tufani Ram, Baiju Ram conspired and at their instance the occurrence has been committed. Learned counsel for the petitioners submits that except Pankaj Kumar @ Pankaj @ Guddu Ram other accused persons namely Uma Shankar @ Uma Shankar Ram has been granted anticipatory bail vide order passed in Cr. Misc. No. 31031 of 2013. Bundel Ram and Baiju Ram @ Birju Ram have been granted regular bail vide orders passed in Cr. Misc. No. 40583 of 2013 and Cr. Misc. No. 31841 of 2013.
Patna High Court Cr.Misc. No.40449 of 2014 (2) dt.25-03-2015 3/3 Considering the facts aforesaid the petitioners namely Rajesh Ram (in Cr. Misc. No. 40449 of 2014), Pradeep Ram and Vikas Kumar (in Cr. Misc. No. 47400 of 2014), in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 118 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
So far as the case of petitioner Pankaj Kumar @ Pankaj @ Guddu Ram (in Cr. Misc. No. 50654 of 2014) is concerned there is direct allegation against him that he was who fired causing death of father of the informant. Considering this, I am not inclined to enlarge the petitioner Pankaj Kumar @ Pankaj @ Guddu Ram on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T